The New York State Court refused to consider the claim of former co-owner of the Trust bank Ilya Yurov to the "Opening of the Holding", as well as to its shareholders Vadim Belyaev and Ruben Aganbegyan.
In the suit, Yurov argued that Belyaev and Aganbegyan agreed to pay him and his partners $ 50 million for the "Discovery" to become the sanator of Bank Trust. In early December 2014, Yurov and his partners met in Moscow with Aganbegyan and Belyaev to discuss the friendly readjustment: "Trust" should apply to the Central Bank with a request for financial recovery, so that the investor becomes "Discovery" - it would buy shares of the bank, .
The parties reached an oral agreement that the "Discovery" will pay $ 10 million as soon as it becomes a sanatorium of the Trust, follows from Yurov's testimony set forth in the document, and another $ 40 million within 12 months, but did not receive the money and filed a lawsuit.
Belyaev denied in his testimony that he had promised Yurov money for the "Trust."
The New York State Court refused to consider the case because of the improper delivery of the suit to the defendant, it follows from the materials of the case. "In the Anglo-Saxon tradition, there is a rule that a copy of the claim must be served on the defendant in the same jurisdiction where the case is being examined. Exceptions may be, but this requires a special permission of the court, "explains Tertychny Agabalyan partner Ivan Tertychny.
At a meeting on November 8, Judge Charles Ramos also touched on other matters of jurisdiction of the case to the New York State Court. He noted that the dispute relates to the "Opening of the Holding", and not to the "daughter" Otkritie Capital located in New York, and the parties came to Moscow in an oral agreement. "$ 50 million by oral agreement? Elki-sticks (English holy moly. - "Vedomosti"). Why should I bother myself with this matter? "- asked the judge at the meeting, follows from the transcript.
"I could protest the decision of a judge from the State of New York until December 27, 2017. I will not do this, since my lawyers formally notified the law firm Steptoe & Jonhson (representing Belyaev in New York) more than a month ago that in the near future I will file a lawsuit against Belyaev, Aganbegyan and the "Discovery" in the High Court of London, "Yurov told Vedomosti. He added that the claim will be filed on the same grounds as in New York, but with new circumstances that became known this year. According to Yurov, Belyaev invited him to file a lawsuit in London, as he told the court that he is a citizen of Russia and Cyprus, permanently residing in the UK.